N.H. Code Admin. R. He-P 804.08
ALR-RC Requirements for Organizational or Service Changes
Effective Jan 29, 2022#2261, eff 1-17-83; ss by #3193, eff 1-28-86; rpld by #4516, eff 10-28-88; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5511, eff 11-25-92; amd by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99 New. #9121, eff 4-3-08, EXPIRED: 4-3-16 New. #12047, INTERIM, eff 11-19-16, EXPIRED: 5-18-17 New. #12414, eff 11-3-17; ss by #13339, eff 1-29-22Former Division of Public Health Services
(a) The ALR-RC shall provide the department with written notice at least 30 days prior to changes in any of the following:
- (1) Ownership;
- (2) Physical location;
- (3) Address;
- (4) Name;
- (5) Number of beds authorized under the current license; or
- (6) Services.
(b) The ALR-RC shall complete and submit a new application and obtain a new or revised license, license certificate, or both, as applicable, prior to operating for:
- (1) A change in ownership;
- (2) A change in the physical location;
- (3) An increase in number of beds authorized under the current license; or
- (4) A change in services.
- (c) When there is a change in the address without a change in location, the ALR-RC shall provide the department with a copy of the notification from the local, state, or federal agency that requires the change.
- (d) When there is a change in the name, the ALR-RC shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.
(e) An inspection by the department shall be conducted prior to operation for changes in the following:
- (1) Ownership, unless the current licensee is in full compliance, in which case an inspection shall be conducted as soon as practical by the department;
- (2) The physical location;
- (3) An increase in the number of beds or residents authorized under the curerent license;
- (4) A change in licensing classification; or
- (5) A change that places the facility under a different life safety code occupancy chapter.
- (f) A new license and license certificate shall be issued for a change in ownership, classification, or physical location.
- (g) A revised license and license certificate shall be issued for a change in the ALR-RC name or a change in address without a change in physical location.
(h) A revised license certificate shall be issued for any of the following:
- (1) A change of administrator;
- (2) An increase or decrease in the number of beds;
- (3) A change in the scope of services provided; or
- (4) When a waiver has been granted in accordance with He-P 804.10.
(i) The ALR-RC shall inform the department in writing when there is a change in administrator no later than 5 days prior to a change or as soon as practicable in the event of a death or other extenuating circumstances requiring an administrator change and provide the department with the following:
- (1) A resume identifying the name and qualifications of the new administrator;
- (2) Copies of applicable licenses for the new administrator; and
- (3) The results of a criminal background check from the NH department of safety for the new administrator;
- (4) The results of the criminal attestation as described in He-P 804.18(w); and
- (5) The results of the bureau of elderly and adult services (BEAS) registry check per He-P 804.18(h).
- (j) Upon review of the materials submitted in accordance with (i) above, the department shall make a determination as to whether the new administrator meets the qualifications for the position as specified in He-P 804.18(i) and (k).
- (k) If the department determines that the new administrator does not meet the qualifications, it shall so notify the licensee in writing so that a waiver can be sought or the licensee can search for a qualified candidate.
- (l) When there is to be a change in the services provided, the ALF-RC shall provide the department with a description of the service change and, where applicable, identify what additional personnel shall be hired and their qualifications, how the new services shall be incorporated into the infection control and quality improvement programs, and describe what changes, if any, in the physical environment will be made.
- (m) The department shall review the information submitted under (l) above and determine if the added services can be provided under the ALR-RC’s current license.
- (n) The ALR-RC shall inform the department in writing via e-mail, fax, or mail of any change in the e-mail address as soon as practicable and in no case later than 10 days of the change as this is the primary method used for all emergency notifications to the facility.
- (o) A restructuring of an established ALR-RC that does not result in a transfer of the controlling interest of the facility, but which might result in a change in the name of the facility or corporation, shall not constitute a change in ownership and a new license shall not be required.
- (p) If a licensee chooses to cease operation of an ALR-RC, the licensee shall submit written notification to the department at least 60 days in advance which shall include a written closure plan.
Source. #2261, eff 1-17-83; ss by #3193, eff 1-28-86; rpld by #4516, eff 10-28-88; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92 New. #5511, eff 11-25-92; amd by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99 New. #9121, eff 4-3-08, EXPIRED: 4-3-16 New. #12047, INTERIM, eff 11-19-16, EXPIRED: 5-18-17 New. #12414, eff 11-3-17; ss by #13339, eff 1-29-22